Bihar Urban Planning and Development Act, 2012

Preamble

[Bihar Act 14, 2010] DIGHA ACQUIRED LAND SETTLEMENT ACT., 2010 AN ACT Preamble :- WHEREAS, an area of 1024.52 acres of land was acquired by the Government of Bihar at Digha within Patna Municipal Corporation for Bihar State Housing Board, a statutory body, with an object that the Board shall develop and provide urban housing facilities to the citizens, WHEREAS, the acquisition proceeding was challenged by some of the erstwhile land owners and ultimately the matter went up to the Supreme Court of India, wherein, the acquisition proceeding was upheld, WHEREAS, acquisition was completed and the award was pronounced, WHEREAS, to meet the cost of acquisition and development the Board obtained interest bearing loan from the Government / financial institutions on certain terms and conditions, WHEREAS, the Board has deposited a sum of Rs. 17.42 crores with the Collector, Patna towards the acquisition cost, WHEREAS, during the process of acquisition and even after the acquisition various erstwhile land owners unlawfully delivered possession of the portions of the acquired land to various co-operative societies/individuals, either through deed of transfer registered in metropolitan cities or through any other written instrument notwithstanding, that such land holders had no title in the land transferred, WHEREAS, with the lapse of time approximately 600 and odd acres out of the said acquired land has been unlawfully occupied to a major extent by members of such societies / individuals, who have constructed their houses and are living therein or have constructed commercial buildings for commercial use, WHEREAS about 400 and odd acres of the remaining acquired land is largely free from unauthorized construction, except for a few unauthorised constructions in smaller areas, WHEREAS, a Public Interest Litigation was filed in the Patna High Court in the year 1987 by a social organisation alleging inaction on the part of the State Government and its agencies in the execution of the proposed housing scheme over the acquired land, WHEREAS, the Patna High Court passed several orders from time to time with respect to the removal of the unauthorised occupations and allotment of the plots of land carved out from the acquired land to different categories of applicants as well as in regard to execution of the proposed housing scheme over the acquired land and accordingly under the said orders of the Patna High Court all possible steps were taken by the Board with the assistance of the State Government/ District Administration for execution of the proposed housing scheme over the acquired land but the same proved to the futile mainly on account of the stiff resistance of the unauthorised occupants in collusion with the erstwhile land owners, leading to serious law and order problems, WHEREAS, taking into account the said factual position the Patna High Court also observed that the State Government and the Board should endeavour to frame a scheme embracing within it interest of the unauthorised occupants and the applicants for allotment of plots of land under different categories, WHEREAS, the erstwhile land owners have represented and demanded additional amount in view of the low market value which prevailed on the date of notification under section-4 of the Land Acquisition Act and rapid rise in the valuation of the acquired land thereafter, WHEREAS, it is considered expedient that the entire acquired area may be classified in two categories, one which is largely under unauthorised occupation and the other which is mostly free from unauthorised occupation encroachment with only a few construction in smaller areas, WHEREAS, with a view to solve the vexed problem it is considered imperative to make a law authorising the Board or any other special purpose vehicle for the settlement of land and taking over the possession of vacant areas, BE it enacted by the legislature of State of Bihar in sixty-one year of the Republic of India as follows :- CHAPTER- I

Sections

Type to filter. 17 sections.

1. 1Short title, extent and Commencement
2. 2Definitions
3. 3Powers of the Board to frame and implement the Scheme
4. 4
5. 5Previous allotment deemed to be annulled
6. 6Settlement of land limited to certain area
7. 7Board to take possession of vacant land
8. 8State Government to provide Fund
9. 9Constitution of an Authority
10. 10Officers and Servants of the Authority
11. 11Payment by the Board on account of Authority
12. 12Powers to make rules for the Authority
13. 13Bar on Jurisdiction of Courts
14. 14Powers of Government to give directions to the Board and the Authority
15. 15Powers to remove difficulties
16. 16Protection of action taken in good faith
17. 17Overriding effects and Savings